A bag constructed of a material that would otherwise be destined
for solid waste disposal, having completed its intended end use and
product life cycle. "Post-consumer recycled material" does not include
materials and by-products generated from, and commonly reused within,
an original manufacturing and fabrication process.

A very thin bag without handles used exclusively to carry
produce, meats, or other food items to the point of sale inside a
retail establishment or, for reasons of public health and safety,
to prevent such food items from coming into direct contact with other
purchased items.

Material that can be sorted, cleansed, and reconstituted
using available recycling collection programs for the purpose of reusing
the altered, incinerated, converted, or otherwise thermally destroyed
solid waste generated therefrom.

Any store or commercial establishment that sells perishable
or nonperishable goods, including, but not limited to, clothing, food,
and personal items, directly to the customer and is located within
or doing business within the geographical limits of the City of Hoboken.
Retail establishments include: a business establishment that generates
a sales or use-tax; a drug store, pharmacy, supermarket, grocery store,
convenience food store, food mart, or other commercial entity engaged
in the retail sale of a limited line of goods that include milk, bread,
soda, and snack foods; a public eating establishment (i.e., a restaurant,
take-out food establishment, or any other business that prepares and
sells prepared food to be eaten on or off its premises); and a business
establishment that sells clothing, hardware, or any other nonperishable
goods. "Retail establishment" does not include nonprofit charitable
reusers as defined in Section 501(c)(3) of the Internal Revenue Code
of 1986, or a distinct operating unit or division of the charitable
organization that reuses and recycles donated goods or materials and
receives more than 50% of its revenues from the handling and sale
of those donated goods or materials.

Any bag made predominantly of plastic derived from either
petroleum or a biologically based source, such as corn or other plant
sources, that is provided by an operator of a retail establishment
to a customer at the point of sale. The term includes compostable
and biodegradable bags but does not include reusable bags, produce
bags, or product bags. This definition specifically exempts the following
from the category of "single-use plastic carry-out bag":

No retail establishment shall provide to any customer a single-use plastic carry-out bag, as defined in § 148-1, above. This prohibition applies to bags provided for the purpose of carrying goods away from the point of sale and does not apply to product bags or to produce bags used to carry produce within the retail establishment to the point of sale. The prohibition applies to single-use plastic carry-out bags used for take-out deliveries from retail establishments within the City of Hoboken. The point of sale in such transactions is deemed to be at the retail establishment, regardless of where payment for the transaction physically occurs.

All retail establishments shall make available to customers, for
a fee, compliant bags, as defined herein, for the purpose of carrying
goods or other materials away from the point of sale, subject to the
provisions of this chapter. The fee charged shall be reflected in
the sales receipt.

Nothing in this chapter prohibits customers from using bags of any
type that they choose to bring to retail establishments themselves,
in lieu of using bags available for a fee from the retail establishment,
or from carrying away goods that are not placed in a bag.

All retail establishments shall make recyclable paper carry-out bags
available to customers upon request for a fee of at least $0.10 but
not more than $0.25 per bag if customers choose not to bring their
own reusable bags.

All retail establishments must provide customers with compliant bags, upon request, if customers fail to bring their own bags, in accordance with the fee structure set forth in § 148-4, above. A retail establishment may choose, in its discretion, to provide a credit to customers that choose to bring their own bags.

Each retail establishment shall be strongly encouraged to educate
its staff to promote the use of reusable bags and to post signs encouraging
customers to use reusable bags rather than recyclable paper carry-out
bags.

All retail establishments must provide at the point of sale, free
of charge, compliant bags, at the retail establishment operator's
option, to any customer who participates in, or is a beneficiary of,
any United States government federal welfare program, or any local
or Hudson County welfare assistance program, or any New Jersey State
welfare program, including but not limited to the New Jersey Supplemental
Nutritional Assistance Program (SNAP) or the New Jersey State Supplemental
Security Income Program (SSI).

The Mayor or his/her designee may approve, with the concurrence of
the City Council Environment Subcommittee, a request for an exemption
from the requirements of this chapter by any operator of a retail
establishment, with or without conditions. If the Subcommittee withholds
or denies concurrence on an exemption, the Mayor may seek concurrence
from the City Council as a whole, but concurrence from the Subcommittee
or the Council is required for the granting of an exemption.

The City of Hoboken shall assist operators of retail establishments
by referring them to appropriate municipal websites with information,
to retail associations, unions, and other organizations to create
educational materials concerning the benefits of reusable bags rather
than recyclable paper carry-out bags, and to locate sources for the
wholesale purchase of reusable bags. Any such information may include
signage at retail establishment locations, informational literature,
and employee training and shall take place before and after the operative
date.

All retail establishments shall be strongly encouraged to educate
their staff in ways to promote reusable bags as the best environmental
and economic option for carry-out bags and to post signs encouraging
customers to use reusable bags.

The Director of the Department of Environmental Services, or his/her
designee, has the responsibility for enforcement of this chapter and
may promulgate reasonable rules and regulations in order to enforce
the provisions thereof, including, but not limited to, investigating
violations and issuing fines.

Any retail establishment that violates or fails to comply with any
of the requirements of this chapter after an initial written warning
notice has been issued for that violation shall be liable for an infraction.

If a retail establishment has subsequent violations of this chapter
after the issuance of an initial written warning notice of a violation,
the following penalties will be imposed and shall be payable by the
operator of the retail establishment: